In Action

Volume 162

JUNE 2020

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PF&M ANALYSIS:

MSO Common Provisions Form Analysis

When an insured’s willful, harmful act results in bodily injury or property damage there is no coverage. There is also no coverage if the insured knowingly endangers another. This applies regardless of whether the resulting injury or damage was intended by the insured.

Example: Juan Pablo is a prankster. He sets a trap for Maria to momentarily frighten her. When the trap is sprung, instead of merely startling her, it causes her to fall and break her hip. Even though Juan Pablo did not want to injure Maria, his prank caused the injury, so the loss is excluded.

The only exception is for the bodily injury that occurs when any insured is using force in a reasonable manner to protect persons or property.

Example: Kelly hears sounds outside and sends his trained guard dog out to stop the activity.

Scenario 1: The sounds were laughter of children. This is not a reasonable use of force and any injury would not be covered.

Scenario 2: The sounds were of adults with metal tools and the time was around midnight. This would be considered reasonable force, so the injuries could be covered.